etc.

in pursuance of an act passed in the ninth and tenth years of the reign lions to arbiof William the Third, for determining differences of arbitration; and tration; likewife for not paying of cofts duly and regularly taxed and allowed and for not by the proper officer, after proper demands made for that purpose; and paying colts, also upon any writ of Excommunicato Capiendo, or other process for, or grounded on, the nonpayment of cofts or expences in any cause or proceeding in any ecclefiftical court, or for any contempt to fuch court, it is hereby declared and enacted, That all fuch perfons are intitled to are and thall be intitled to the benefit of this act, on and fubject the benefit of to the fame terms and conditions as are herein expreffed and declared with refpect to prifoners for debt only.

this act.

LXX. And whereas great numbers of people have been and are now imprisoned for debt, upon proceffes illuing out of courts of conScience; it is hereby enacted and declared, That all fuch prifon- Prifoners upers thall be intitled to have the benefit of this act, and be difon process out of courts of charged under the fame, provided he, the, or they, conform to confcience, to the directions herein-before prefcribed, touching other prifoners have the benewho fhall be difcharged by virtue of this act.

fit of this act.

oath.

LXXI. And be it further enacted by the authority aforefaid, Quaker's afThat in all cafes wherein by this act an oath is required, the fo- firmation to lemn affirmation of any perfon, being a quaker, thall and may be taken in be accepted and taken in lieu thereof; and every perfon mak-leu of an ing fuch affirmation, who fhall be convicted of wilful and falfe affirming, fhall incur and fuffer fuch and the fame penalties as are inflicted and impofed by this act upon perfons convicted of wilful and corrupt perjury.

have taken the

years,

ex

cluded from

LXXII. Provided always, and be it further enacted by the Perfons who authority aforefaid, That no perfon who fhall have taken the benefit of any benefit of any act heretofore paffed for the relief of infolvent infolvent act debtors, within the space of ten years laft paft, fhall have or re- within ten ceive any benefit or advantage of or under this act, nor be deemed to be within the intent and meaning thereof, fo as to be dif charged under the fame; any thing herein-before contained to the contrary notwithstanding; unless fuch perfon fhall be will- Exception. ing to ferve, and thall actually enter himself to serve on board fome one of his Majefty's fhips of war for the term of seven years, or fhall inlift as a foldier in fome of his Majefty's land forces for the term of three years.

this act:

LXXIII. And be it further enacted, That when any prifoner, Prifoners who who may have taken the benefit of any infolvent act within the have taken space of ten years laft paft, fhall under this act apply for his dif- and fhall apfuch benefit, charge, every such prifoner fhall produce to the court (to which ply for dif he hall make application for fuch discharge) a certificate in charge under writing, figned by an officer properly authorised to engage or this act, to enlift men for his Majefty's fea or land lervice [as the cafe may court a certiproduce to the be], fetting forth that he was on the day of ficate, figned [infert the date] engaged or inlifted [as the by a proper cafe may be] to ferve as a mariner or foldier in his Majefty's fea officer, letor land fervice for the term of which certificate ting forth thit shall be attested by one or more credible witnefs or witneffes; lifted to fe: ve they are inand in case such certificate fhall not be produced, or fhall not his Majesty VOL. XXXII. I

be etc.

This act not to extend to Scotland..

Claufe of re

lief for bank.

rupts, who have not ob

debts.

be properly authenticated in manner aforefaid, to the fatisfaction of the juftices before whom any fuch prifoner fhall be brought, he fhall be remanded back to the prifon from whence he came, there to remain till he fhall have fully complied with the direc-. tions aforefaid, or fhall by other legal means fooner obtain his discharge.

LXXIV. Provided alfo, and it is hereby enacted, That nothing in this act contained (hall extend to that part of Great Bri tain called Scotland.

LXXV. And whereas bankrupts who have not obtained their certificates and discharge of their debts, under fome one of the acts relating to bankrupts, have not been deemed to be within the meaning of tained certifi. acts of infolvency, as fuch bankrupts have no schedules to deliver up cates and dif- according to the terms and conditions of fuch acts; nevertheless, as charge of their many bankrupts are confined in prison for debt only, though they have already delivered up their whole eftates and effects, or, from a fear of being arrested and thrown into prison, are frequently induced to abfcond from their homes, and go into foreign parts: be it further enacted by the authority aforefaid, That fuch perfon or perfons, against whom a commiffion of bankruptcy hath been awarded and iffued on or before the twenty-eighth day of January, one thousand seven hundred and feventy-eight, or who fhall have been really an actual prifoner or prifoners, in the cuftody of any gaoler or gaolers, or keeper of any prifon refpectively, on or before the twenty-eighth day of January, one thousand feven hundred and feventy-eight, and against whom a commission of bankruptcy shall have fince been awarded and iffued, and who hath or have duly conformed, or fhall duly conform, him, her, or themselves to the feveral acts of parliament relating to bankrupts, and hath not or have not been committed to any prison by a warrant of the commiffioners in fuch commiffion named, for contumacy or noncompliance to those laws, and who now is or are in prifon for debt, damages, contempt, cofts of fuit, or any fum or fums of money due and accrued previous to fuch commiffion, or who now are fecreting themselves in fear of their creditors; and shall be hereafter fued, arrested, or held to bail, or fhall furrender him, her, or themselves, or be furrendered, in discharge of his, her, or their bail, or taken in execution in any fuit or action for any fuch debt or debts as aforesaid, shall and may apply to any one of the judges of the court wherein fuch procefs or proceffes hath or have iffued, to fummon his, her, or their plaintiff or plaintiffs, to fhew caufe why fuch bankrupt or bankrupts fhould not be discharged from his, her, or their imprisonment, or arreft as aforefaid, fuch bankrupt or bankrupts first making oath before fuch judge, (or if at a diftance from fuch judge, then before a juftice of the peace), who is hereby authorifed to adminifter fush oath, that fuch debt or debts did accrue previous to the iffuing fuch commiffion; and fuch bankrupt or bankrupts making it appear to the fatisfaction of fuch court or judge, that he or they hath or have made a full disclosure of his or their cftate or effects, and delivered up the fame; and fuch

plaintiff

plaintiff or plaintiffs not appearing, or not proving that fuch bankrupt or bankrupts hath or have concealed any part of his, her, or their eftate or effects; and fuch bankrupt or bankrupts making it appear that he or they hath or have duly conformed him, her, or themfelves, to the laws now in force against bankrupts, fuch judge shall and may difscharge fuch bankrupt or bankrupts from fuch imprisonment or arrest as aforefaid; unless it fhall appear that fuch commiffion was fraudulently obtained; fuch bankrupt or bankrupts caufing a common appearance to be entered for him, her, or them, where neceffary, in every fuch fuit or action; and if any fuch bankrupt or bankrupts fhall be afterwards again fued and arrefted, or taken in execution, or imprifoned, in any fuit or action, for fuch debt or debts, previous to fuch commiffion as aforefaid, any judge of the court wherein fuch proçefs iffued thall, upon fummons of the proper party or parties, immediately discharge such bankrupt or bankrupts from fuch arreft or imprisonment; neverthelefs fuch bankrupt or bankrupts fhall, in all other refpects, be deemed subject to the laws in force against bankrupts; and every fheriff and heriffs, bailiff and officer, gaoler and keeper of a prison, is and are hereby required, on proper notice being given of fuch judge's difcharge, to releafe and fet free fuch bankrupt or bankrupts out of his or their cuftody, and each and every of them is and are hereby indemnified from any action or actions that may be brought, commenced, or profecuted against him or them, for any escape for or on account thereof.

who have con

laws:

LXXVI. And whereas many bankrupts, having in all refpects Claufe with Strictly conformed themselves to the directions of the bankrupt laws, refpect to have, notwithstanding, been unable to obtain their certificates, and bankrupts have, on that account, been difcouraged from exerting their industry in formed themthe pursuit of their feveral occupations; either living in the most felves to the unhappy and distressed fituation at home, or feeking relief in foreign bankrupt countries, where they can earn and fecure to themselves the profit of ar industrious application to bufinefs; fome of whom have carried with them the arts, manufactures, and commerce of this country, to the great prejudice thereof: and whereas fome relief given in Juch particular cafes, might prevent the evils arifing to the publick, and be an encouragement for fuch individuals to follow their different occupations at home; be it enacted, That any person or persons against whom a commiffion of bankruptcy hath been awarded and iffued, on or before the twenty-eighth day of January, one thousand seven hundred and feventy-eight, and who hath or have in all things. conformed to the feveral acts now in force concerning bankrupts, by his, her, or their furrender and fubmiffion thereto, and who shall not have been committed for any act of contumacy or nonconformity, yet who hath not or have not gained a total discharge from his, her, or their creditors, of his, her, or their debts, arifing or accruing previous to fuch commithion, for want of their certificate, thall have liberty, after the expiration of twelve calendar months from the day of the date of every such commiflion respectively, to petition or to apply, by motion of

1 2

court,

Lord chancellor, etc. impowered to allow fuch bankrupts' certificates, although not figned by four fifths of

their creditors,

No person to

receive any benefit by this

act who fhall, by false pretences, have obtained money, goods, bonds, etc.

court, to the lord chancellor, lord keeper, or lords commiffioners for the time being, setting forth the true circumstance of the cafe relative to fuch commiffion and certificate; and the lord chancellor, lord keeper, or lords commiffioners as aforefaid, fhall have power and authority to direct and order the acting commiffioners in the refpective commiffions named, to certify to the faid lord chancellor, lord keeper, or lords commiffioners, the conformity or nonconformity of fuch bankrupt or bankrupts, and fuch other matter as to them fhall feem neceffary concerning the fame (the faid acting commiffioners being hereby authorised and required fo to do); and the lord chancellor, lord keeper, or lords commiffioners, as aforefaid, fhall thereupon have power and authority, if he or they fhall fo think fit, to direct and order an advertisement to be inferted in the London Gazette, for the allowance of fuch bankrupt's certificate, (althought the same shall not appear to have been signed or confented to by four-fifths in number and value of the faid bankrupt's creditors, agreeable to the laws now in being), in the fame manner and form as if the faid certificate had been figned as aforefaid; and in case no sufficient caufe fhall be fhewn to the contrary within the time limited by the faid advertisement, the faid lord chancellor, lord keeper, or lords commiffioners, as aforefaid, fhall have power and authority to allow fuch bankrupt's certificate, in the like manner as if the fame had been figned agreeable to the laws now in being, and grant or make fuch other order thereupon, for the relief and difcharge of fuch bankrupt or bankrupts from his, her, or their debts as aforesaid, or otherwife, as to the lord chancellor, lord keeper, or lords commiffioners, fhall feem proper; which certificate, if fo allowed, fhall be as full and effectual, to all intents and purposes, as if the fame had been duly obtained and allowed agreeable to the directions of the feveral laws now in force concerning bankrupts; any law or ufage to the contrary notwithstanding.

LXXVII. Provided always, and be it enacted, That no fuch bankrupt or prifoner, who knowingly or defignedly, by falfe pretence or pretences, fhall have obtained from any perfon or perfons money, goods, wares, merchandifes, bonds, bills of exchange, promiffory notes, or other fecurities for money, fhall have or receive any benefit or discharge by or under this act; but the judge, the lord chancellor, lord keeper, lords commiffioners, or juftices at any general quarter feffions of the peace, or any adjournment thereof, before whom any fuch prifoner fhall be brought, upon due proof of the matter made to their fatisfaction, fhall remand fuch bankrupt or prifoner to the custody of the gaoler or keeper of the prifon from whence he or she fliall have been brought; any thing herein contained to the contrary notwithstanding.

3

CA P. LIII.

An act for the more eafy and better recruiting of his Majesty's land forces and marines.

WHEREAS, for recruiting his Majesty's land forces and Preamble.

marines, is neceffary that a new fupply of men be forthwith raifed, within the kingdom of Great Britain, by common confent and grunt in parliament; be it therefore enacted by the King's moft excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That within A levy of and throughout the feveral and respective counties, shires, able-bodied ftewartries, ridings, cities, boroughs, cinque-ports, parifhes, made towns, and places, of Great Britain, a fpeedy and effectual levy throughout of able-bodied men, to ferve his Majefty as foldiers, fhall be Great Britain. forthwith had, made, practifed, and put in execution, according to the rules and directions of this present act.

men to be

peace, com

II. And it is hereby further enacted, That the juftices of the Juftices of the peace of every county, fhire, ftewartry, riding, liberty, or place, miffioners of within Great Britain, and all and every the perfons who were the land tax, named, or otherwife appointed, to be commiffioners for putting and magifin execution an act of parliament, made and paffed at Westminster, trates of corin the fifteenth year of the reign of his prefent Majefty, (inti- burghs, to porations and tuled, An act for granting an aid to his Majefly by a land tax, to be put this act in raised in Great Britain, for the fervice of the year one thousand seven execution; hundred and feventy-five), or any fubfequent act or acts of parliament for that purpofe, within the feveral and refpective counties, thires, ftewartries, ridings, cities, boroughs, cinque-ports, towns, and places, therein particularly expreffed, who are ftill living, and have duly qualified themfelves according to the said acts, or thall duly qualify themfelves according to this prefent act, in that behalf, fhall be commiffioners for putting in execution this present act, and the powers therein contained, within and for the fame counties, (hires, ftewartries, ridings, cities, boroughs, cinque-ports, towns, and places, of Great Britain, for which they were fo named or appointed refpectively; and that all and every the juftices of the peace, and magiftrates of corporations and burghs, in any part of Great Britain, who are or shall be in any of his Majefty's commiffions of the peace, or in the magiftracy of fuch corporation or burgh, at any time during the execution of this act, who fhall duly qualify themfelves according to this prefent act in that behalf (although not fpecially named or appointed commiffioners by the faid act), fhall be likewife commiffioners for putting in execution this present act, and all the powers therein contained, within the limits of their commiffions and jurisdictions refpectively: all which commiffioners, by this and to take act intrusted with the execution of the fame, are hereby ftrictly Majefty's ferenjoined and required to ufe their utmost care and diligence that vice be not his neglected.

1 3

care that his